Ebay sale over 10K ...can't get rest of $$

[timdhawk]

What is the name of your state (only U.S. law)? Montana

2 1/2months ago i sold a car and trailer together on ebay to a guy in Mass. for $11, 700. I have recieved about half the total and a whole lot of excuses and woe is me stories about the other half. This person also knowingly bounced a $10, 700 check to me as well in the whole process. I have kept all e-mails between us.
I exhausted all ebay recourse as well.
Where do i stand with sueing from out of state? Since the magical number for any agency to get involved is $10,000, how long is reasonable to give him to pay the balance before i can say you forefit what you've paid and try to re-sell?

any advice would be greatly appreaciated.

 

[TheGeekess]

Do you still have possession of the car? If so, send him what he's paid you, minus the bounced check fees. Mark it down to experience and move on.

 

[itdepends]

Where do i stand with sueing from out of state?

You can sue him in your state. The bad check gives your courts jurisdiction.

Since the magical number for any agency to get involved is $10,000,

?

how long is reasonable to give him to pay the balance before i can say you forefit what you've paid and try to re-sell?

Unless you can show that the money was intended as a non-refundable deposit to be forfeited in the case of a breach, you cannot keep the money and re-sell the car and trailer.

Realistically, it's probably not worth the hassle of suing. Therefore, I agree with TheGeekess. If you're angry enough, then file a police report for the bad check.

 

[timdhawk]

The $10,000 comment was based on a previous experience years ago where i was involved the Calif. state attorney general and was told that no type of law enforcement got involved with on-line buy/sell issues unless/until the the amount hit $10,000.

What is the statue of limitations on something like this... where someone makes partial payment but does not finish paying?

I'm more inclined to sit on the car and trailer then refund his money as it is already reallocated. This needs to be his loss, not mine. I still hold $6000 of the cost plus the car. i have all the leverage at this point and want to flex legal muscle to get him to pay the rest, if possible.

 

[nanato2]

civil action

In my state (Mississippi), if you have accepted partial payment on the returned check, you are no longer allowed to file criminal charges for that check. You could only file a civil lawsuit.

 

[timdhawk]

In my state (Mississippi), if you have accepted partial payment on the returned check, you are no longer allowed to file criminal charges for that check. You could only file a civil lawsuit.

well... the check was sent back after the first bounce and it was a few weeks later that i recieved the partial payment.